Supreme Court to Hear Pleas Challenging Waqf Amendment Bill

New Delhi : The Supreme Court of India is set to hear multiple petitions challenging the constitutional validity of the Waqf Amendment Bill, 2023, which was recently passed by both Houses of Parliament and is now awaiting Presidential assent. The bill, which proposes significant changes to the Waqf Act of 1995, has sparked strong opposition from various quarters, particularly minority representatives.

AIMIM MP Asaduddin Owaisi filed a petition before the apex court just hours after the bill was passed, arguing that it violates several fundamental rights enshrined in the Constitution. According to Owaisi’s plea, the bill infringes Article 26, which guarantees religious denominations the right to manage their own religious affairs. He contended that the proposed changes disproportionately affect Muslim religious institutions while sparing similar protections granted to Hindu, Sikh, Jain, and Buddhist establishments.

Owaisi also claimed that the bill breaches Article 14 (right to equality) and Article 30 (minority rights to establish and administer educational institutions). Among the contentious provisions are the removal of “waqf by user,” which previously recognized properties as waqf based on long-standing religious use, and new restrictions on who can create a waqf. The bill now mandates that only a practicing Muslim of at least five years is eligible to create a waqf—effectively excluding many historical and community-based waqf declarations.

Another major concern raised in the petition is the inclusion of non-Muslims on Waqf Boards, which Owaisi says amounts to state interference in the internal religious management of a minority community. “Hindus, Sikhs, and Jains continue to enjoy autonomous management over their religious institutions. But the state is selectively intervening in Muslim waqfs, which is discriminatory,” he stated during the Lok Sabha debate.

Congress MP Mohammad Jawed has also filed a separate petition challenging the bill, echoing similar concerns. His plea points to violations of Articles 14, 25 (freedom of religion), 26, 29 (minority cultural rights), and 300A (right to property). Jawed argued that the bill seeks to dilute community control over waqf assets and opens the door to greater government control, thereby undermining constitutional protections.

The Waqf Amendment Bill proposes a reshaping of the 1995 Act, which regulates religious endowments and institutions under Islamic law.